SC clears media, finds lawyer guilty of indirect contempt in Fortun disbarment case

InterAksyon.com
The online news portal of TV5

MANILA, Philippines -- The Supreme Court has cleared several journalists and news organizations of charges of indirect contempt filed against them by criminal lawyer Sigfrid Fortun for reporting on the disbarment case brought against him by Maguindanao Governor Esmael Mangudadatu and four other complainants.

However, the high court found lawyer Prima Jesusa Quinsayas, who filed the disbarment case, guilty and fined her P20,000 for violating Section 18, Rule 139-B of the Rules of Court, which governs the confidentiality of such proceedings.
(Click here to read the complete decision)

The tribunal said that, “as a lawyer and an officer of the court, Atty. Quinsayas is familiar with the confidential nature of disbarment proceedings. However, instead of preserving its confidentiality, Atty. Quinsayas disseminated copies of the disbarment complaint against petitioner (Fortun) to members of the media, which act constitutes contempt of court.”

At the same time, the high court stressed that Section 18, Rule 139-B of the Rules of Court “is not a restriction on the freedom of the press. If there is a legitimate public interest, media is not prohibited from making a fair, true, and accurate news report of a disbarment complaint.”

Fortun is one of the lead defense lawyers for members of the Ampatuan clan accused of planning and carrying out the November 23, 2009 Ampatuan massacre in Maguindanao province, in which 58 persons, including 32 journalists, were killed.

Mangudadatu and the other complainants in the disbarment case lost relatives in the massacre.

Quinsayas is one of the private prosecutors in the multiple murder case filed against the suspects in the massacre. She is also counsel of the Freedom Fund for Filipino Journalists, whose directors were accused with her of allegedly distributing copies of the disbarment complaint.

In his complaint, Fortun alleged that the media reports and discussions on the disbarment case were meant to “malign his personal and professional reputation” and to “fuel hatred, contempt and scorn” for him and his client, principal accused Andal Ampatuan Jr.

In clearing reporters and executives of news organizations ABS-CBN, GMA News Online, Inquirer.net, and The Philippine Star, the high court said the disbarment complaint against Fortun “is itself a matter of public concern considering that it arose from the Maguindanao Massacre case. The interest of the public is not on petitioner himself but primarily on his involvement and participation as defense counsel in the Maguindanao Massacre case. Indeed, the allegations in the disbarment complaint relate to petitioners supposed actions involving the Maguindanao Massacre case.”

It acknowledged that the massacre case “is a very high-profile” one, thus, “it is understandable that any matter related to the Maguindanao massacre is considered a matter of public interest and that the personalities involved, including petitioner, are considered as public figure(s).”

In clearing the complainants in the disbarment case and the FFFJ directors, the tribunal said Quinsayas acted alone in disseminating and discussing the disbarment complaint against Fortun.

http://www.interaksyon.com/article/55957/sc-clears-media-finds-lawyer-guilty-of-indirect-contempt-in-fortun-disbarment-case